HomeMy WebLinkAbout1999-05 01-11 CCOCITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 1 lth day of January, 1999, at
7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek
Parkway, to consider An ordinance amending sections 25 -501, 25 -1003, 25 -1006, 25 -1010 and
25 -1015 of the Brooklyn Center Code of Ordinances Relating to Right of Way Uses and Permits
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the City Clerk at 569 -3300 to make arrangements.
ORDINANCE NO. 99 05
AN ORDINANCE AMENDING SECTIONS 25 -501, 25 -1003,
25 -1006, 25 -1010 AND 25 -1015 OF THE BROOKLYN CENTER
CODE OF ORDINANCES RELATING TO RIGHT OF WAY USES
AND PERMITS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Section 25 -501 is amended as follows:
Section 25 -501. WHEN AUTHORIZED. Property owners are hereby authorized to
construct driveways and sidewalks traversing the boulevard connecting onto the streets owned
by the City of Brooklyn Center subject to the following conditions:
a. Such construction work must be done at the expense of the property owner
No such construction shall be
allowed without having an approved permit from the Director of Public Works.
Section 2. Section 25 -1003 Subd. 3 is amended as follows:
Subdivision 3. Exceptions. Nothing herein shall be construed to repeal or amend the
provisions of a city ordinance permitting persons to plant or maintain boulevard plantings or
gardens in the area of the right -of -way between their property and the street curb provided and
such use is subject to the use of the right -of -way by the City or other Persons for installation and
maintenance of facilities. Persons planting or maintaining boulevard plantings or gardens or
installing or operating irrigation systems shall not be deemed to use or occupy the right -of -way,
and shall not be required to obtain any permits or satisfy any other requirements for planting or
maintaining such boulevard plantings or gardens under this Right -of -Way Management
Ordinance. However, excavations deeper than 12 inches are subject to the permit requirements
of section 25 -1006. Registration shall not be required for`
Private driveways or walkways;
b. Sewer and water connections serving individual properties or
ORDINANCE NO. 99 05
Equipment of a private landowner which is within the right -of -way and between
that owner's property and the street curb
Signs
Mailboxes
Street furnishings
Bus stop benches
Bus stop shelter.
d.
e.
f.
h.
Any
Service or Utility Service provided by a person under a franchise with the City shall register
pursuant to this section, but need not provide the registration information required by Section
25 -1004 if such information has been received by the City in the administration of the franchise
agreement. In addition, Persons acting as agents, contractors or subcontractors for a registrant
which has properly registered or who is exempt from registration shall be exempt from
registering under Section 25 -1004.
Section 3. Section 25 -1006 Subd. 1 is amended by adding the following:
c. Exceptions. A permit shall not be required for:
a. Signs
b Mailboxes
c. Street furnishings
d. Bus stop benches
e. Bus stop shelter.
Section 4. Section 25 -1010 Subd. 2 is amended as follows:
Subdivision 2. Repair and Restoration. Permittee shall repair and restore its own work. in
40 ORDINANCE NO. 99 05
The
permittee shall at the time of application for an excavation permit post a restoration
bond in an amount determined by the Director to be sufficient to cover the cost of
restoring the right -of -way to its pre excavation condition. If, twelve (12) months after
completion of the restoration of the right -of -way, the Director determines that the
right -of -way has been properly restored, the surety on the restoration bond shall be
released.
Section 25 -1015. INSTALLATION REQUIREMENTS. The excavation, backfilling, repair
and restoration, and all other work performed in the right -of -way shall be done in conformance
with e the Brooklyn Center Standard Design
Plates as promulgated by the Director and at a location as required by Section 25 -1021.
Permittees with whom the City has a current franchise agreement, or authorized agents,
contractors, or subcontractors of that franchise shall not be required to post a
restoration bond.
Section 5. Section 25 -1015 is amended as follows:
Section 6. This ordinance shall be effective after adoption and thirty days
following its legal publication.
Adopted this nth day of January, 1999
City Clerk
Date of Publication: January 20, 1999
Effective Date: February 19, 1999
(Strikeout indicates matter to be deleted, underline indicates new matter.)
Mayor